Criminal Archives : 2016

Milligan's Criminal Law Advisor | Inducement

Accused's confession was voluntary where there was no nexus between the decision to confess and an "inducement" made by police

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Police Powers | Anonymous Informant

Information provided by an unknown anonymous informant amounted to reasonable and probable grounds to arrest the accused for drug trafficking

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Milligan’s Criminal Law Advisor | Gladue Principles

Ontario court holds "Gladue" principles apply to bail applications heard by the Court of Appeal

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Police Powers | Abandoned Backpack

Search of abandoned backpack containing shotgun and ammunition found not to violate accused's s. 8 rights.

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Milligan's Criminal Law Advisor | Date and Locale

Yukon Court of Appeal holds date and locale alleged in indictment are material and must be proven by Crown

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Digest of the Week | Support Animal

BC court grants complainant's application to testify with pet dog on her lap at dangerous offender hearing

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Digest of the Week | Warrantless Search

Court held that officer could not rely on intuition as basis for warrantless search of university student's backpack

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Milligan's Criminal Law Advisor | bolus drinking

Empty beer cans in the accused's vehicle gave an air of reality to the possibility that the accused engaged in bolus drinking

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Case Comment | R. v. Curry

R. v. Curry (2016), 2016 BCSC 1435, 2016 CarswellBC 2152 (B.C. S.C.)

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Mack’s Criminal Law Bulletin – Weapons Prohibitions

The victims’ fear coupled with the accused’s awareness that breaking and entering could trigger such fear formed the basis for Ontario’s Court of Appeal to find the “implied threat of violence” necessary to uphold the lifetime weapons prohibition imposed in the accused’s sentence.

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Alberta court holds accused failed to establish privacy interest in text messages sent from cell phones belonging to third party

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Text messages sent by complainant in the midst of the events in question were admitted as evidence under the principled approach to hearsay

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